Has the Central Government in a hasty and hurried manner promulgated the EDSO 21 Ordinance to prohibit the Ordnance Factory Employees in proceeding with an indefinite strike against the Govt decision to Corporatise the 41 Ordnance Factories and that too as 7 non-viable Corporations?
www.indiapsu.com discussed the issue with many legal experts and retired Senior Bureaucrats about the necessity and validity of this Ordinance . Many are of the view that the Government has rather been ill advised by the Officials in the Home Ministry, Defence Ministry and Law Ministry. They also said that it’s nothing but an error of Judgment and miscalculation. Many times in the past Government has been advised by Home Ministry and Law Ministry that Industrial Disputes should be resolved through the route of ID Act 1947 and not through Essential Service Ordinances and Acts. The CLC having submitted the failure report of Conciliation, the Government should have simply referred the matter for adjudication through Labour Court. In this case too, Unions cannot resort to Strike action. The Government should have argued its position before the Labour Court. If the Government is so much confident that decision of Corporatisation is legally correct decision then why is it not referring the matter to adjudication or arbitration, persons in knowledge of such matters say.
What’s the urgency for such a hasty decision to bring an Ordinance. The Federations are fully taking advantage of the mismanagement of the Defence Ministry Officials. Defence Civilian employees are now garnering public Sympathy in their favour. And also, EDSO Bill has now snowballed into a political issue. The DMK, CPI,CPIM, TMC, Shivsena, RSP, Forward Bloc and other parties have now taken up the issue. Even some Congress MPs objected this Bill. Almost all Trade Unions including the RSS affiliated BMS have demanded to withdraw the EDSO Bill.
As already reported many Trade Unions are now approaching the ILO for its intervention and to take up as a Complaint item to be considered by the ILO Labour Standard Committee since it’s a clear violation of fundamental rights and ILO Conventions.
After CITU now the pioneer Central Trade Union AITUC has now lodged a complaint with ILO Amarjeet Kaur it’s General Secretary in a detailed Complaint addressed to ILO has stated that through EDSO the Government is crushing the democratic and legal right of the employees to organise and protest . AITUC like CITU has demanded for the intervention of ILO and appealed for advising govt of India for its withdrawal.
EDSO seems to be boomeranging on the Government. An employee related issue has been politicised for nothing. Time will prove who is responsible for all these unwanted creations .By the time realisation takes place the damage must have been Completed. Advisors of Government may take a note of these expert opinions and try to properly advise the Government so that a future embarrassment can be avoided.